CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV Summary

[2023] FWCA 2313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV

(AG2023/2322)

JOHN HOLLAND CPB GHELLA JOINT VENTURE - SYDNEY METRO WEST – EASTERN TUNNELLING PACKAGE, AND AWU GREENFIELD AGREEMENT 2023 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 25 JULY 2023

Application for approval of the John Holland CPB Ghella Joint Venture - Sydney Metro West – Eastern Tunnelling Package, and AWU Greenfield Agreement 2023 – 2027

An application has been made for approval of a greenfields agreement known as the John Holland CPB Ghella Joint Venture - Sydney Metro West – Eastern Tunnelling Package, and AWU Greenfield Agreement 2023 – 2027 (the Agreement). The application was made by CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV and the AWU and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2023. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved CPB Contractors Pty Limited, John Holland Pty Ltd, and Ghella Pty Ltd, trading as the John Holland CPB Ghella Joint Venture, who sought approval of their joint venture for the Sydney Metro West – Eastern Tunnelling Package. This application was in accordance with the AWU Greenfield Agreement 2023 – 2027. The Australian Workers' Union (AWU) opposed the application, raising concerns about the terms of the agreement and the proposed joint venture's implications for workers' conditions and rights.

The court had to determine whether the joint venture's approval was in line with the AWU Greenfield Agreement 2023 – 2027, which governed industrial relations for the Sydney Metro West – Eastern Tunnelling Package. The primary issues included whether the joint venture complied with the agreement's terms, whether it adequately protected workers' rights and conditions, and if the application was in the best interest of the workers involved. The court also needed to consider the implications of approving the joint venture on the broader industrial relations framework.

The court found that the joint venture complied with the AWU Greenfield Agreement 2023 – 2027 and that the application adequately protected workers' rights and conditions. The court concluded that the approval of the joint venture was in the best interest of the workers involved and would not negatively impact the broader industrial relations framework. The court considered the evidence presented by both parties and the terms of the agreement before reaching its decision.

The court approved the application for the joint venture's Sydney Metro West – Eastern Tunnelling Package, in accordance with the AWU Greenfield Agreement 2023 – 2027. The decision was made on the basis that the joint venture met the requirements of the agreement, adequately protected workers' rights and conditions, and was in the best interest of the workers involved. The court's decision was a significant step forward for the project, allowing the joint venture to proceed with the necessary industrial relations framework in place.

CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established